The Supreme Court of India issued an order regarding the installation and use of CCTV cameras in all police stations across India. Some key points:
- The Court had previously ordered the formation of oversight committees to monitor CCTV footage in police stations. However, most states did not provide adequate details about CCTV camera implementation in compliance reports.
- The Court now orders all states and union territories to file new compliance affidavits within 6 weeks providing full details of CCTV cameras in each police station, including number, positioning, recording capabilities, and functioning status.
- The Court establishes State and District level oversight committees to monitor CCTV camera implementation and address issues. It also allocates specific duties to the committees regarding budget
SCs and STs (PoA) Rules 1995. This contains the bare Rules. Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Use along with the set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
While the politician-bureaucrat-judge nexus has reduced governance to a synonym for corruption and treason, it is only the soldier who pays with his life and limbs, not only for his own follies but also for the follies of the thugs, scoundrels and traitors in offices of authority. Thus, simply from the principle of equal pay for equal work, the cabinet secretary needs to be paid less pay and perks than the sepoy of the army. But instead what is happening is that the soldiers are being swindled, taken for a ride. The one man judicial commission of L Narasimha Reddy appointed to study the anomalies in the implementation of One Rank One Pension for the soldiers is touring the country making a mockery of the purpose and wasting the tax payers' money. This is a report prepared to submit to him during this visit to Kochi. In the event it was not submitted but considered worthy of wider dissemination. Youth aspiring to joining the army may well ask: to be bonded laborers during the best years of ones life and beggers forever after that?, when confronted with the challenge:do you have it in you?
FOR A LAW TO ESTABLISH THE EKITI STATE SECURITY NETWORK AGENCY AND AMOTEKUN CORPS TO ASSIST IN MAINTAINING LAW AND ORDER IN EKITI STATE AND FOR CONNECTED PURPOSES
A LAW TO PROVIDE FOR PRUDENT MANAGEMENT OF THE STATE’S RESOURCES, ENSURE LONG – TERM MACRO ECONOMIC STABILITY, SECURE GREATER ACCOUNTABILITY AND TRANSPARENCY IN FISCAL OPERATIONS WITHIN A MEDIUM TERM FISCAL POLICY FRAME WORK AND THE ESTABLISHMENT OF THE FISCAL RESPONSIBILITY COMMISSION TO ENSURE THE PROMOTION AND ENFORCEMENT OF THE STATE’S ECONOMIC OBJECTIVES AND OTHER MATTERS CONNECTED THEREWITH.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
SCs and STs (PoA) Rules 1995. This contains the bare Rules. Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Use along with the set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
While the politician-bureaucrat-judge nexus has reduced governance to a synonym for corruption and treason, it is only the soldier who pays with his life and limbs, not only for his own follies but also for the follies of the thugs, scoundrels and traitors in offices of authority. Thus, simply from the principle of equal pay for equal work, the cabinet secretary needs to be paid less pay and perks than the sepoy of the army. But instead what is happening is that the soldiers are being swindled, taken for a ride. The one man judicial commission of L Narasimha Reddy appointed to study the anomalies in the implementation of One Rank One Pension for the soldiers is touring the country making a mockery of the purpose and wasting the tax payers' money. This is a report prepared to submit to him during this visit to Kochi. In the event it was not submitted but considered worthy of wider dissemination. Youth aspiring to joining the army may well ask: to be bonded laborers during the best years of ones life and beggers forever after that?, when confronted with the challenge:do you have it in you?
FOR A LAW TO ESTABLISH THE EKITI STATE SECURITY NETWORK AGENCY AND AMOTEKUN CORPS TO ASSIST IN MAINTAINING LAW AND ORDER IN EKITI STATE AND FOR CONNECTED PURPOSES
A LAW TO PROVIDE FOR PRUDENT MANAGEMENT OF THE STATE’S RESOURCES, ENSURE LONG – TERM MACRO ECONOMIC STABILITY, SECURE GREATER ACCOUNTABILITY AND TRANSPARENCY IN FISCAL OPERATIONS WITHIN A MEDIUM TERM FISCAL POLICY FRAME WORK AND THE ESTABLISHMENT OF THE FISCAL RESPONSIBILITY COMMISSION TO ENSURE THE PROMOTION AND ENFORCEMENT OF THE STATE’S ECONOMIC OBJECTIVES AND OTHER MATTERS CONNECTED THEREWITH.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
Motor Accident Claim Petitions - MACP - Reference Manual updated upto April, ...Legal
This document is updated upto April, 2015. Few new judgments, details of rates of minimum wages applicable in State of Gujarat, topics concerning 'No fault Liability' u/s 140, registration certificate etc are added.
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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The Main Procedures for Obtaining Cypriot Citizenship
Sc order cctv in ps judgement 02-dec-2020
1. 1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO.3543 of 2020
PARAMVIR SINGH SAINI …PETITIONER
VERSUS
BALJIT SINGH & OTHERS ...RESPONDENTS
R.F. Nariman, J.
1. We have heard Shri K.K. Venugopal, learned Attorney General for
India, Ms. Madhvi Divan, learned Addl. Solicitor General of India, Shri
Siddhartha Dave, learned Senior Advocate (appointed as Amicus
Curiae, vide Order dated 16.7.2020), Ms. Nitya Ramakrishnan,
learned counsel appearing on behalf of the intervenor and the learned
counsel appearing on behalf of the respective States and Union
Territories.
2. This Court, vide Order dated 03.04.2018 in SLP (Crl) No. 2302 of
2017, reported as Shafhi Mohammad v. State of Himachal
Pradesh (2018) 5 SCC 311, directed that a Central Oversight Body
(hereinafter referred to as the “COB”) be set up by the Ministry of
Home Affairs to implement the plan of action with respect to the use
of videography in the crime scene during the investigation. This Court,
Digitally signed by
Nidhi Ahuja
Date: 2020.12.02
17:26:18 IST
Reason:
Signature Not Verified
2. 2
while considering the directions issued in D.K. Basu Vs. State of
West Bengal & Others (2015) 8 SCC 744, held that there was a need
for further directions that in every State an oversight mechanism be
created whereby an independent committee can study the CCTV
camera footages and periodically publish a report of its observations
thereon. The COB was further directed to issue appropriate
instructions in this regard at the earliest.
3. This Court further directed that the COB may issue appropriate
directions from time to time so as to ensure that use of videography
becomes a reality in a phased manner, the first phase of which be
implemented by 15.07.2018. The crime scene videography ought to
be introduced at least at some places as per viability and priority
determined by the COB.
4. Pursuant to the aforesaid directions a COB was constituted by the
Ministry of Home Affairs on 09.05.2018 (as per the Affidavit dated
26.07.2018) to oversee the implementation of the use of photography
and videography in the crime scene by the State / Union Territory
Government and other Central Agencies, to suggest the possibility of
setting up a Central Server for implementation of videography, and to
issue appropriate directions so as to ensure that use of videography
becomes a reality in a phased manner. Accordingly, directions were
issued to the Administrators of the Union Territory, State
3. 3
Governments and other Central Agencies for effective
implementation of the use of photography and videography at the
crime scenes, and to furnish an Action Taken Report on the
implementation of the use of videography in the crime scene.
5. This Court, vide Order dated 16.07.2020, issued notice in the instant
Special Leave Petition to the Ministry of Home Affairs on the question
of audio-video recordings of Section 161 CrPC statements as is
provided by Section 161 (3) proviso, as well as the larger question as
to installation of CCTV cameras in police stations generally. While
issuing notice this Court also took note of the directions in Shafhi
Mohammad (supra).
6. This Court, vide Order dated 16.09.2020, impleaded all the States
and Union Territories to find out the exact position of CCTV cameras
qua each Police Station as well as the constitution of Oversight
Committees in accordance with the Order dated 03.04.2018 of this
Court in Shafhi Mohammad (supra).
7. Pursuant to the said directions of this Court, Compliance Affidavits
and Action Taken Reports were filed by 14 States (till 24.11.2020),
namely, West Bengal, Chhattisgarh, Tamil Nadu, Punjab, Nagaland,
Karnataka, Tripura, Uttar Pradesh, Assam, Sikkim, Mizoram, Madhya
Pradesh, Meghalaya, Manipur; and 2 Union Territories, namely,
Andaman & Nicobar Islands and Puducherry.
4. 4
8. The majority of the Compliance Affidavits and Action Taken Reports
fail to disclose the exact position of CCTV cameras qua each Police
Station. The affidavits are bereft of details with respect to the total
number of Police Stations functioning in the respective State and
Union Territory; total number of CCTV cameras installed in each and
every Police Station; the positioning of the CCTV cameras already
installed; working condition of the CCTV cameras; whether the CCTV
cameras have a recording facility, if yes, then for how many
days/hours, have not been disclosed. Further, the position qua
constitution of Oversight Committees in accordance with the Order
dated 03.04.2018, and/or details with respect to the Oversight
Committees already constituted in the respective States and Union
Territory have also not been disclosed.
9. Compliance affidavits by all the States and Union Territories are to be
filed, as has been stated earlier, by either the Principal Secretary of
the State or the Secretary, Home Department of the States/Union
Territories. This is to be done by all the States and Union Territories,
including those who have filed so-called compliance affidavits till date,
stating the details mentioned in paragraph 8 of this Order. These
affidavits are to be filed within a period of six weeks from today.
10. So far as constitution of Oversight Committees in accordance with
our Order dated 03.04.2018 is concerned, this should be done at the
5. 5
State and District levels. The State Level Oversight Committee
(hereinafter referred to as the “SLOC”) must consist of:
(i) The Secretary/Additional Secretary, Home Department;
(ii) Secretary/Additional Secretary, Finance Department;
(iii) The Director General/Inspector General of Police; and
(iv) The Chairperson/member of the State Women’s Commission.
11.So far as the District Level Oversight Committee (hereinafter referred
to as “DLOC”) is concerned, this should comprise of:
(i) The Divisional Commissioner/ Commissioner of Divisions/
Regional Commissioner/ Revenue Commissioner Division of the
District (by whatever name called);
(ii) The District Magistrate of the District;
(iii) A Superintendent of Police of that District; and
(iv) A mayor of a municipality within the District/ a Head of the Zilla
Panchayat in rural areas.
12.It shall be the duty of the SLOC to see that the directions passed by
this Court are carried out. Amongst others, the duties shall consist of:
a) Purchase, distribution and installation of CCTVs and its equipment;
b) Obtaining the budgetary allocation for the same;
c) Continuous monitoring of maintenance and upkeep of CCTVs and
its equipment;
d) Carrying out inspections and addressing the grievances received
6. 6
from the DLOC; and
e) To call for monthly reports from the DLOC and immediately address
any concerns like faulty equipment.
Likewise, the DLOC shall have the following obligations:
a) Supervision, maintenance and upkeep of CCTVs and its
equipment;
b) Continuous monitoring of maintenance and upkeep of CCTVs and
its equipment;
c) To interact with the Station House Officer (hereinafter referred to
as the “SHO”) as to the functioning and maintenance of CCTVs and
its equipment; and
d) To send monthly reports to the SLOC about the functioning of
CCTVs and allied equipment.
e) To review footage stored from CCTVs in the various Police Stations
to check for any human rights violation that may have occurred but
are not reported.
13.It is obvious that none of this can be done without allocation of
adequate funds for the same, which must be done by the
States’/Union Territories’ Finance Departments at the very earliest.
14.The duty and responsibility for the working, maintenance and
recording of CCTVs shall be that of the SHO of the police station
concerned. It shall be the duty and obligation of the SHO to
7. 7
immediately report to the DLOC any fault with the equipment or
malfunctioning of CCTVs. If the CCTVs are not functioning in a
particular police station, the concerned SHO shall inform the DLOC
of the arrest / interrogations carried out in that police station during
the said period and forward the said record to the DLOC. If the
concerned SHO has reported malfunctioning or non-functioning of
CCTVs of a particular Police Station, the DLOC shall immediately
request the SLOC for repair and purchase of the equipment, which
shall be done immediately.
15.The Director General/Inspector General of Police of each State and
Union Territory should issue directions to the person in charge of a
Police Station to entrust the SHO of the concerned Police Station with
the responsibility of assessing the working condition of the CCTV
cameras installed in the police station and also to take corrective
action to restore the functioning of all non-functional CCTV cameras.
The SHO should also be made responsible for CCTV data
maintenance, backup of data, fault rectification etc.
16.The State and Union Territory Governments should ensure that CCTV
cameras are installed in each and every Police Station functioning in
the respective State and/or Union Territory. Further, in order to ensure
that no part of a Police Station is left uncovered, it is imperative to
ensure that CCTV cameras are installed at all entry and exit points;
8. 8
main gate of the police station; all lock-ups; all corridors; lobby/the
reception area; all verandas/outhouses, Inspector's room; Sub-
Inspector's room; areas outside the lock-up room; station hall; in front
of the police station compound; outside (not inside)
washrooms/toilets; Duty Officer’s room; back part of the police station
etc.
17.CCTV systems that have to be installed must be equipped with night
vision and must necessarily consist of audio as well as video footage.
In areas in which there is either no electricity and/or internet, it shall
be the duty of the States/Union Territories to provide the same as
expeditiously as possible using any mode of providing electricity,
including solar/wind power. The internet systems that are provided
must also be systems which provide clear image resolutions and
audio. Most important of all is the storage of CCTV camera footage
which can be done in digital video recorders and/or network video
recorders. CCTV cameras must then be installed with such recording
systems so that the data that is stored thereon shall be preserved for
a period of 18 months. If the recording equipment, available in the
market today, does not have the capacity to keep the recording for 18
months but for a lesser period of time, it shall be mandatory for all
States, Union Territories and the Central Government to purchase
one which allows storage for the maximum period possible, and, in
9. 9
any case, not below 1 year. It is also made clear that this will be
reviewed by all the States so as to purchase equipment which is able
to store the data for 18 months as soon as it is commercially available
in the market. The affidavit of compliance to be filed by all States and
Union Territories and Central Government shall clearly indicate that
the best equipment available as of date has been purchased.
18.Whenever there is information of force being used at police stations
resulting in serious injury and/or custodial deaths, it is necessary that
persons be free to complain for a redressal of the same. Such
complaints may not only be made to the State Human Rights
Commission, which is then to utilise its powers, more particularly
under Sections 17 and 18 of the Protection of Human Rights Act,
1993, for redressal of such complaints, but also to Human Rights
Courts, which must then be set up in each District of every
State/Union Territory under Section 30 of the aforesaid Act. The
Commission/Court can then immediately summon CCTV camera
footage in relation to the incident for its safe keeping, which may then
be made available to an investigation agency in order to further
process the complaint made to it.
19.The Union of India is also to file an affidavit in which it will update this
Court on the constitution and workings of the Central Oversight Body,
giving full particulars thereof. In addition, the Union of India is also
10. 10
directed to install CCTV cameras and recording equipment in the
offices of:
(i) Central Bureau of Investigation (CBI)
(ii) National Investigation Agency (NIA)
(iii) Enforcement Directorate (ED)
(iv) Narcotics Control Bureau (NCB)
(v) Department of Revenue Intelligence (DRI)
(vi) Serious Fraud Investigation Office (SFIO)
(vii) Any other agency which carries out interrogations and has the
power of arrest.
As most of these agencies carry out interrogation in their office(s),
CCTVs shall be compulsorily installed in all offices where such
interrogation and holding of accused takes place in the same manner
as it would in a police station.
The COB shall perform the same function as the SLOC for the offices
of investigative/enforcement agencies mentioned above both in Delhi
and outside Delhi wherever they be located.
20.The SLOC and the COB (where applicable) shall give directions to all
Police Stations, investigative/enforcement agencies to prominently
display at the entrance and inside the police stations/offices of
investigative/enforcement agencies about the coverage of the
concerned premises by CCTV. This shall be done by large posters in
English, Hindi and vernacular language. In addition to the above, it
11. 11
shall be clearly mentioned therein that a person has a right to
complain about human rights violations to the National/State Human
Rights Commission, Human Rights Court or the Superintendent of
Police or any other authority empowered to take cognizance of an
offence. It shall further mention that CCTV footage is preserved for a
certain minimum time period, which shall not be less than six months,
and the victim has a right to have the same secured in the event of
violation of his human rights.
21.Since these directions are in furtherance of the fundamental rights of
each citizen of India guaranteed under Article 21 of the Constitution
of India, and since nothing substantial has been done in this regard
for a period of over 2½ years since our first Order dated 03.04.2018,
the Executive/Administrative/police authorities are to implement this
Order both in letter and in spirit as soon as possible. Affidavits will be
filed by the Principal Secretary/Cabinet Secretary/Home Secretary of
each State/ Union Territory giving this Court a firm action plan with
exact timelines for compliance with today’s Order. This is to be done
within a period of six weeks from today.
22.We record our gratitude to Shri Siddhartha Dave, learned Amicus
Curiae, for rendering his services to this Court.
23.The Supreme Court registry to send a copy of this Order to all
Chief/Principal Secretaries of all the States and Union Territories,
12. 12
both by physical as well as electronic means, today itself.
24.List on 27.01.2021.
…………..………………J.
(R. F. Nariman)
……..……………………J.
(K.M. Joseph)
……..……………………J.
(Aniruddha Bose)
New Delhi.
December 02, 2020.